Iowa Code 904.503 – Transfers — persons with mental illness
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Terms Used In Iowa Code 904.503
- Child: includes child by adoption. See Iowa Code 4.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- persons with mental illness: include persons with psychosis, persons who are severely depressed, and persons with any type of mental disease or mental disorder, except that mental illness does not refer to intellectual disability, or to insanity, diminished responsibility, or mental incompetency as defined and used in the Iowa criminal code or in the rules of criminal procedure, Iowa court rules. See Iowa Code 4.1
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
904.503 Transfers — persons with mental illness.
1. a. The director may transfer at the expense of the department an inmate of one
institution to another institution under the director’s control if the director is satisfied that the transfer is in the best interests of the institutions or inmates.
b. The director may transfer at the expense of the department an inmate under the director’s jurisdiction from any institution supervised by the director to another institution under the control of the director of health and human services with the consent and approval of the director of health and human services and may transfer an inmate to any other institution for mental or physical examination or treatment retaining jurisdiction over the inmate when so transferred.
c. If the juvenile court waives its jurisdiction over a child over thirteen and under eighteen years of age pursuant to § 232.45 so that the child may be prosecuted as an adult and if the child is convicted of a public offense in the district court and committed to the custody of the director under § 901.7, the director may request transfer of the child to the state training school under this section. If the director of health and human services consents and approves the transfer, the child may be retained in temporary custody by the state training school until attaining the age of eighteen, at which time the child shall be returned to the custody of the director of the department of corrections to serve the remainder of the sentence imposed by the district court. If the child becomes a security risk or becomes a danger to other residents of the state training school at any time before reaching eighteen years of age, the director of health and human services may immediately return the child to the custody of the director of the department of corrections to serve the remainder of the sentence.
2. When the director has cause to believe that an inmate in a state correctional institution is mentally ill, the Iowa department of corrections may cause the inmate to be transferred to the Iowa medical and classification center, or to another appropriate facility within the department, for examination, diagnosis, or treatment. The inmate shall be confined at that center or facility or a state mental health institute until the expiration of the inmate’s sentence or until the inmate is pronounced in good mental health. If the inmate is pronounced in good mental health before the expiration of the inmate’s sentence, the inmate shall be returned to the state correctional institution until the expiration of the inmate’s sentence.
3. When the director has reason to believe that a prisoner in a state correctional institution, whose sentence has expired, is mentally ill, the director shall cause examination to be made of the prisoner by competent physicians who shall certify to the director whether the prisoner is in good mental health or mentally ill. The director may make further investigation and if satisfied that the prisoner is mentally ill, the director may cause the prisoner to be transferred to one of the hospitals for persons with mental illness, or may order the prisoner to be confined in the Iowa medical and classification center.
2. [SS15, §5709-b, -e; C24, 27, 31, 35, 39, §3755; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, §246.16; 82 Acts, ch 1100, §11]
3. [C97, §5710; C24, 27, 31, 35, 39, §3756; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§246.17; 82 Acts, ch 1100, §12]
83 Acts, ch 96, §21, 92, 159
CS83, §217A.31, 246.16
84 Acts, ch 1184, §14, 15; 84 Acts, ch 1214, §1
C85, §217A.31
85 Acts, ch 21, §17 – 19, 54
CS85, §246.503
89 Acts, ch 80, §1
C93, §904.503
96 Acts, ch 1129, §113; 2003 Acts, 1st Ex, ch 2, §55, 209; 2013 Acts, ch 30, §261; 2023 Acts, ch 19, §1333
Referred to in §229.26
Section amended
1. a. The director may transfer at the expense of the department an inmate of one
institution to another institution under the director’s control if the director is satisfied that the transfer is in the best interests of the institutions or inmates.
b. The director may transfer at the expense of the department an inmate under the director’s jurisdiction from any institution supervised by the director to another institution under the control of the director of health and human services with the consent and approval of the director of health and human services and may transfer an inmate to any other institution for mental or physical examination or treatment retaining jurisdiction over the inmate when so transferred.
c. If the juvenile court waives its jurisdiction over a child over thirteen and under eighteen years of age pursuant to § 232.45 so that the child may be prosecuted as an adult and if the child is convicted of a public offense in the district court and committed to the custody of the director under § 901.7, the director may request transfer of the child to the state training school under this section. If the director of health and human services consents and approves the transfer, the child may be retained in temporary custody by the state training school until attaining the age of eighteen, at which time the child shall be returned to the custody of the director of the department of corrections to serve the remainder of the sentence imposed by the district court. If the child becomes a security risk or becomes a danger to other residents of the state training school at any time before reaching eighteen years of age, the director of health and human services may immediately return the child to the custody of the director of the department of corrections to serve the remainder of the sentence.
2. When the director has cause to believe that an inmate in a state correctional institution is mentally ill, the Iowa department of corrections may cause the inmate to be transferred to the Iowa medical and classification center, or to another appropriate facility within the department, for examination, diagnosis, or treatment. The inmate shall be confined at that center or facility or a state mental health institute until the expiration of the inmate’s sentence or until the inmate is pronounced in good mental health. If the inmate is pronounced in good mental health before the expiration of the inmate’s sentence, the inmate shall be returned to the state correctional institution until the expiration of the inmate’s sentence.
3. When the director has reason to believe that a prisoner in a state correctional institution, whose sentence has expired, is mentally ill, the director shall cause examination to be made of the prisoner by competent physicians who shall certify to the director whether the prisoner is in good mental health or mentally ill. The director may make further investigation and if satisfied that the prisoner is mentally ill, the director may cause the prisoner to be transferred to one of the hospitals for persons with mental illness, or may order the prisoner to be confined in the Iowa medical and classification center.
2. [SS15, §5709-b, -e; C24, 27, 31, 35, 39, §3755; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79,
81, §246.16; 82 Acts, ch 1100, §11]
3. [C97, §5710; C24, 27, 31, 35, 39, §3756; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
§246.17; 82 Acts, ch 1100, §12]
83 Acts, ch 96, §21, 92, 159
CS83, §217A.31, 246.16
84 Acts, ch 1184, §14, 15; 84 Acts, ch 1214, §1
C85, §217A.31
85 Acts, ch 21, §17 – 19, 54
CS85, §246.503
89 Acts, ch 80, §1
C93, §904.503
96 Acts, ch 1129, §113; 2003 Acts, 1st Ex, ch 2, §55, 209; 2013 Acts, ch 30, §261; 2023 Acts, ch 19, §1333
Referred to in §229.26
Section amended